Analysis

A new development in global law harmonization against the perpetual War on Everything is a new amended bill being passed through Australian Parliament, which will further fatten up ASIO’s capabilities to spy on Australians and anyone else abroad. Crikey reports on the bill’s proposed changes:

“Foreign intelligence” is redefined to relate to “intelligence about the capabilities, intentions or activities of people or organisations outside Australia”.
Under current legislation, it is limited to “intelligence relating to the capabilities, intentions or activities of a foreign power”. Similarly, the concept of a “foreign power” has been redefined — currently it applies to “a foreign government, an entity that is directed or controlled by a foreign government or governments, or a foreign political organisation”. Under the bill, it will become “people, organisations and governments outside Australia”.

That’s pretty damn broad.

Bascially, anyone who organises in groups to campaign about political and social issues, such as antiwar activists, environmental activists, refugee advocates, anti-censorship activists – anyone who communicates with others overseas to campaign against Australian government policy – will be able to be targeted by ASIO under these new laws.

Crikey suggests that groups without a specific political agenda, such as Wikileaks and online lulz masters Anonymous, may also be targets. By this logic, so could the Australian Pirate Party, which pits itself against hawkish and well-funded copyright lobby groups, and whose sister parties in Europe have been subject to civil lawsuits and police investigation.

This week the program marks the one year anniversary of Bradley Manning's arrest. Joining the weekly podcast is Kevin Zeese, who is a member of the Bradley Manning Support Network Steering Committee.

In the past week, there were two documentaries (or films) that went public, which portrayed Bradley Manning. One was the PBS FRONTLINE documentary (which I had much to say about and even went on RT's "The Alyona Show" to discuss). Another was an investigative short film put together by The Guardian. Zeese addresses both of those.

We also discuss how the Bradley Manning case fits into the general war on whistleblowing that the Obama Administration appears to be waging.

This is Part 1. A Part 2 will be posted soon and features more discussion from Pakistan blogger Raza Rumi on the Pakistan Papers.

To listen to the show, click play on the embedded player below. Or, go to CMN News and click "download" or "listen." It will appear at the top of the page or in the list.

PARTIAL TRANSCRIPT ---

Cables released from WikiLeaks provide important material in the ‘evidence war’ between ICC prosecutor Luis Moreno-Ocampo and Kenyan politician William Ruto.

The cables support Moreno-Ocampo’s arguments that exposing information about critical witnesses would be a severe threat to them and that allegations on Ruto’s involvement in the extrajudicial killings in 2007-2008 post-election violence are recognized by the U.S. embassy, which is far from ‘rubbish rumors picked up by rag blogs’ as Ruto criticized the evidences the allegation is based on.

William Ruto, the Waki Commission, and the tragedy of extrajudicial killings during 2007-2008 post-election violence in Kenya

Extrajudicial killings during 2007-2008 post-election period in Kenya has been condemned internationally, mainly by the UN Special Rapporteur on extra-judicial killings, Alston. WikiLeaks received the Amnesty 2009 New Media Award due to its notable work on leaking and reporting about the hundreds of extrajudicial killings tacitly approved by the Kibaki government and widely conducted by Kenyan Police force working with armed militias.

Among the leaked material is a report titled The Cry of Blood: Report on Extra-Judicial Killings and Disappearances, which is written by the Kenya National Commission on Human Rights (KNCHR). The UN acknowledged the report’s credibility after confirming that the information found in the report is backed by investigation results of other civil society organizations and that of the preliminary research done by UN Special Rapporteur team in 2009.

Below are photographs taken as evidences of extrajudicial killings in the report:

Submitted by Survival International, a human rights organization that has helped tribal people defend their rights since 1969.

Bhil girls. India's tribal people are 'exploited and victimized', according to the leaked cable. Photo © Sunil Janah/Survival

American diplomats consider the Indian government ‘unwilling and unable’ to ‘end the exploitation and victimisation’ of the country’s 84 million tribal people according to secret cables released by The Hindu newspaper.

The cables reveal that the American government feared this neglect ‘plays into the hands of Naxalites’ – the Maoist extremists who are currently engaged in an armed insurgency in India.

While the Indian government is concentrating on economic growth, the cables warn that ‘India’s rapidly expanding population and growing economy have worsened the tribals’ plight by increasing pressure on shrinking forest areas and their resources.’

The government has responded to the tribal peoples’ plight by passing the Forest Rights Act – a law which aims finally to recognise the rights of tribal communities to the forests on which they depend. But the cables point out that there are ‘entrenched and corrupt interests exploiting the forests’.

In the wake of Obama's visit, the Irish government has abandoned its plans to discontinue U.S military stopovers in Shannon airport.

The accepted narrative about President Obama's "historic" visit to Ireland on Monday was that it was entirely symbolic, and more to do with seeking the Irish American vote in Obama's reelection bid than with any substantive diplomatic goals. Among other ceremonial activities, the president and the first lady made a flying visit to the village of his Irish ancestors in County Offaly, and were photographed drinking Guinness in a local pub.

The visit was universally judged a success by an ecstatic Irish broadcast media, which ran all day an assortment of panegyrics from the national punditry, while scrutinizing with interest every frame of fresh footage. The president was greeted by a deferent Irish political elite, no doubt desparate to leverage the event to avert some of Ireland's fraught economic prospects.

In a speech to well over 100,000 assembled Irish people in College Green, Dublin, Obama spoke rousingly - and with an eloquence to which, in a political speaker, Irish ears are unaccustomed - of the ties of blood and destiny between Ireland and America, of hope, and of dreams, and of other vague exotica.

Three provisions of the Patriot Act set to expire were extended yesterday as Senate leaders effectively shut off debate and worked to block attempts to amend the Patriot Act to include privacy protections. The reauthorized provisions went to the House for approval and, after passing through Congress, the legislation was flown to US President Barack Obama in France so he could sign the reauthorization.

The continued granting of overly broad powers, which directly threaten Americans’ right to privacy without unreasonable search or seizure, was accompanied by passage in the House of a National Defense programs bill that included language granting the Executive Branch the authority to wage worldwide war.

A handful of lawmakers in the House and Senate attempted to make amendments or block the passage of measures that would allow powers granted to the state to greatly expand. A trans-partisan group of House representatives introduced an amendment that would have struck down the worldwide war provision. Senator Rand Paul, Senator Mark Udall and Senator Ron Wyden each made valiant attempts to have a comprehensive debate on the provisions before granting reauthorization but the Obama Administration discouraged debate.

Bulgarian PM Boyko Borisov refuted yesterday the Wikileaks revelations about his past ties to organized crime, metamphetamines traffic and his dependence from a shady businessman from Lukoil.

"I don't read Wikileaks" - he said before the media in The Hague, Netherlands, on 26th of May, where he opened the 7-th international meeting of Bulgarian media, organized by the Bulgarian news agency BTA.

Asked by journalists about his comment on the cable content, published by the Bulgarian web site Bivol.bg, the local Wikileaks partner, Borisov acknowledged he phoned the US Ambassador James Warlick, who said that the Wikileaks publications are "based on unconfirmed sources and it was futile to comment on them".

"As far as I know, they have not published anything positive about anybody yet. They also cite tabloids publications and comments of various political parties," Borisov said. "I don't read tabloids" - he concluded.

Later the same day, the US Embassy published a statement saying that "It is important to keep in mind that diplomatic cables are often preliminary and incomplete analyses of international affairs, and should not be seen as official representations of U.S. foreign policy"

US Ambassador to Sofia, Jonh Beyrle wrote the said cable on Borissov on May 9, 2006. The report’s confidentiality level is listed as SECRET/NOTFOR (NOT FOR FOREIGNERS), only one level below the highest TOP SECRET level, not available to Wikileaks.

The cable is one of the few from a total of 978 reports sent from Sofia, that have been checked and approved simultaneously by the Embassy’s political, military and security advisors, not just Ambassador Beyrle.

Producer Marcela Gaviria and producer/correspondent Martin Smith, who both worked on the FRONTLINE "WikiSecrets" documentary that aired last night, and Brian Manning, Bradley Manning’s father, participated in an online PBS chat that offered people an opportunity to ask questions and make comments about the film.

Gaviria/Smith suggest the prosecution in the Manning case is “quite strong” and investigators have “matched Manning’s computer to [computer hacker Adrian] Lamo’s, verifying the authenticity of the chats.” Gaviria/Smith add, “To be acquitted Manning’s lawyer would somehow have to prove that Manning had been framed and his computer had been tampered with.”

This focus on Lamo overlooks a key legal dilemma that has risen as a result of President Barack Obama declaring at a fundraiser that Manning “broke the law.” That's the issue of “unlawful command influence."

Whether Manning could have a fair trial now that the Commander-in-Chief has told his subordinates he thinks Manning is guilty is doubtful. A military officer would be risking his career if he or she handed down a decision that did not meet the approval of the Obama Administration. Gaviria/Smith are seemingly oblivious to this when they type their answer.

Asked why the documentary overplayed Manning’s homosexuality, Gaviria/Smith explain, “Manning’s homosexuality is not relevant. What is relevant was his struggle with the Army’s Don’t Ask/Don’t Tell policy. It eroded his respect for Army authority and led to disillusionment with Army life. It’s not that he was gay, it was that he was discriminated for being gay.”

Borissov described himself as "Bulgaria's biggest asset"

"We must continue to walk a fine line between being used by Borisov's publicity machine and alienating an exceptionally popular and seemingly pro-American politician who may emerge as Bulgaria's next leader. In other words, we should continue to push him in the right direction, but never forget who we're dealing with."

This is the conclusion of a diplomatic report dedicated to now Bulgarian Prime Minister, Boyko Borisov, sent by former US Ambassador to Sofia, Jonh Beyrle on May 9, 2006. The report’s confidentiality level is listed as SECRET/NOT FOR FOREIGNERS, only one level below the highest TOP SECRET – cables classified as TOP SECRET are not available to Wikileaks.

The reasons for classifying the report are coded as 1.5 (b,d), meaning confidential sources have been used in its preparation.

The cable has another characteristic – from a total of 978 reports sent from Sofia, there are just a few that have been checked and approved simultaneously by the Embassy’s political, military and security advisors, not just Ambassador Beyrle.

"The Dirt"

This is how Beyrle titled the section focusing on Boyko Borisov’s criminal past. Incidentally, the paragraph has the "lucky" number 13, while in the brackets, after 13, the level of confidentiality is purposely listed as SECRET/NOFOR, which corresponds to the highest level of classified information for this cable.

Anyone familiar with the stories of WikiLeaks, Julian Assange, the organization’s founder and Pfc. Bradley Manning, the alleged whistleblower to WikiLeaks, would be forgiven for wondering whether PBS Frontline’s documentary “WikiSecrets” presents anything new or not. The documentary attempts to make a sensational connection between Manning and Assange and suggest that Assange might know Manning is the source of the information.

The Story

PBS FRONTLINE documentaries are typically straightforward. Thus, the opening montage provides a good idea of what the main points of the documentary will be: it’s hard to tell if Manning approached Assange or whether Assange approached Manning, WikiLeaks had feared one of its “sources” would be exposed, the chat logs suggest Manning knows Assange (but Assange denies that) and WikiLeaks is an anti-secrecy organization that doesn’t believe in secrets, which is why over half a million documents were leaked.

In the first act, FRONTLINE attempts to psychoanalyze Manning and make a determination on his mental health. Sordid details are presented leading one to understand that Manning found himself to be smarter than most of the other soldiers in the military. He was gay and had no respect for “Don’t Ask, Don’t Tell.” He was using Facebook in a way that put him at risk. He was incapable of keeping a steady job. He was a vocal person and had little respect for his commanding officers. And, an army supervisor did not find him to be fit to go to Iraq.

President Ali Abdullah Saleh of Yemen was to sign a Gulf Cooperation Council-sponsored agreement to indicate his commitment to stepping down from the presidency in 30 days on Sunday. However, he broke his word and in the past few days violence and tensions in Yemen have escalated significantly.

Battles have broken out over the country’s Interior Ministry. Gregory Johnsen (and others who have been reporting on Yemen) reported the Ministry was shelled by tribal forces and on fire.

Mareb Press reported renewed clashes between security forces and Hashid tribesmen. Heavy artillery was used.

Tom Finn, a reporter in Yemen writing for The Guardian, reported in Hasaba the Saba office was hit twice by missiles. The area turned into a war zone with the street deserted and machine gun and mortar fire going off.

Finn also writes, in his latest article, explains “fierce gun battles” broke out when security forces were met with “guards from the country’s most powerful tribal federation whose leader is backing protesters’ demands for an end” Saleh’s 33-year rule.

Missiles attacked the al-Ahmar house and the mediation committee. This is likely because the Ministry of Defense in Yemen contends the “al-Ahmar sons and their gang” no longer are constructively participating in mediation efforts and are now participating in violence against “government installations and citizens’ homes.”

Fears of civil war are escalating. Concern about what the impact on the protest movement will be if war breaks out is growing too.

Yemenis tweeting report electricity being shut down in areas of Yemen and then hours later report it coming back on. But, electricity is lost again hours later.

In the light of President Obama's visit to Europe this week, I would like to take the opportunity to suggest some reading. It is an extraordinary document, a report compiled by Swiss politician Dick Marty for the Council of Europe: "Alleged secret detentions and unlawful inter-state transfers involving Council of Europe member states".

http://assembly.coe.int/CommitteeDocs/2006/20060606_Ejdoc162006PartII-FI...

The full text, which has been available online for years, details CIA rendition flights within Europe. According to this report, several European countries facilitated the transfer of detainees to torture camps.

The report also lists a military facility in Stare Kiejkuty, Poland, and nearby Szymany airport as detainee drop off points (see page 17 f.). In the light of a current Polish criminal investigation into alleged CIA rendition flights to and from Szymany, a recent complaint against Poland at the European Court of Human Rights, and President Obama's visit to this country I urge everybody to have a look at this document. It clearly lists information on flights and dates of arrivals.

Many news outlets around the world reported about these rendition flights. On Stare Kiejkuty, these articles might be of interest:

http://news.bbc.co.uk/1/hi/world/europe/6212843.stm

http://www.guardian.co.uk/uk/2007/jan/04/politics.usa

http://www.spiegel.de/international/world/0,1518,621450,00.html

It seems that it was very easy for journalists and Dick Marty to get hold of evidence; one is left wondering why the investigation in Poland is proceeding at a snail's pace.

The Polish press has been keeping the topic in the public's perception over the past years.

Please also take a moment to look up the coordinates 53.631111, 21.078889 on a satellite map of your choice. Various accounts speak about an isolated building in the woods near a military facility which is surrounded by a wall. Can you spot it?

The Dawn Media Group in partnership with WikiLeaks has been releasing the "Pakistan Papers." Thus far, some of the revelations include the following: Pakistan's military asked for continued drone coverage, the US has had troops deployed on Pakistan soil, Saudi Arabia and the UAE have been financing jihadist groups in Pakistan and the US did not provide Benazir Bhutto with proper security.

For this episode of "This Week in WikiLeaks," Raza Rumi, a writer based in Lahore, Pakistan, joins us. He regularly writes for the Pakistani weekly The Friday Times, The News and Daily DAWN on myriad topics such as history, arts, literature and society. Rumi has worked in Pakistan and abroad in various organizations including multilateral institutions such as the United Nations. His day job comprises working as a policy adviser and development practitioner. As a policy expert, Raza works with international development institutions, government agencies and leading Pakistani NGOs. He is also an adviser to an Asia Pacific governance network and serves on the editorial board of Journal of Administration and Governance and contributes to various publications in Pakistan and abroad.

Rumi's writing can be read here.

To hear the show, click play on this embedded player.

O Sahara Ocidental é um território em disputa desde a década de 60 no norte da África, desde lá sendo palco de diversos conflitos. A área disputada localiza-se numa região no Sul do Marrocos, fazendo fronteira também com a Argélia e a Mauritânia. Na área de Tindouf, no sudoeste da Argélia, estão campos de refúgio da população Saaráui operados pela Polisario.

A Frente Popular de Liberação de Saguía-Hamra e Rio de Ouro, POLISARIO, www.saharalibre.es, é um movimento para a independência do Saara Ocidental ante o Marrocos. Constituída oficialmente em Maio de 1973 para forçar o fim da colonização espanhola, é uma derivação de organizações existentes desde os anos 50 na região. Desde 1979, a organização com sede em Tindouf é reconhecida pelas Nações Unidas desde 1979 como representante do povo do Saara Ocidental.

Telegramas recentemente divulgados pela organização Wikileaks denunciam extensa corrupção, violação de direitos humanos e de informação por parte da POLISARIO. O documento 09ALGIERS1117 aponta que "Contatos da Embaixada[Estado-unidense] com a UNHCR e ONGs Americanas trabalhando nos campos da Polisario perto de Tindouf dizem que indivíduos Saaráuis estiveram envolvidos em atividades de contrabando, mas o "governo" da Polisario pune severamente qualquer um que é pego traficando pessoas ou armas que poderiam ajudar terroristas". O mesmo documento reafirma posteriormente que "A Frente da Polisario responde violentamente a qualquer envolvimento com tráfico de armas, pessoas ou drogas".

"Brasil vê Dinah Shelton de maneira muito favorável, mas pode ter que votar em outro candidato para pagar obrigações adquiridas em outra eleição." (09BRASILIA422)

Um relatório do dia 2 de Abril de 2009, chancelado pela Embaixada Estado-unidense em Brasília, enviado à Secretaria de Estado dos Estados Unidos explica a situação da representação brasileira na OAS (Organização dos Estados Americanos com sede em Washington, fundada em 1951 para promover paz, justiça, solidariedade e colaboração entre os países americanos) nas eleições daquele ano para a Comissão de Direitos Humanos.

O documento entitulado 'Promovendo a candidata estado-unidense para a Comissão de Direitos Humanos da OAS' aponta que Marcia Adorno, chefe da divisão de Direitos Humanos do Ministério do Exterior Brasileiro, no dia 2 daquele mês reconheceu que estava familiarizada com o impressionante currículo da candidata norte-americana Dinah Shelton.

No entanto, Adorno reconheceu que maquinações pendentes com outros três países para eleger o juiz brasileiro Antonio Augusto Cançado Trindade para a Corte Internacional de Justiça (sediada em Hague, Holanda, em atividade desde 1945, e orgão judiciário principal das Nações Unidas) no mês anterior, não a possibilitavam fornecer uma resposta naquele momento. Cançado, de 1999 a 2003, havia sido presidente da mesma Corte Direitos Humanos da OAS.

Bulgaria held European elections in June 2009, followed by the national parliament elections in July. The main political players are analysed by the american ambassador in Sofia Nancy McEldowney in two cables sent to Washington DC and reported by the investigative journalism site Bivol, a local partner of Wikileaks. [09SOFIA301] [09SOFIA264]

The cables give a rough picture of a political landscape plagued by corruption, shady businessmen, vote buying and accused criminals running for MP.

Bulgarian media stressed the direct translation of the title "Garbage in, Garbage out", adding that not all of the Bulgarian MPs deserve to be named "garbage", but many of them are looking after their private interests first, through heavy lobbying. "Now, it's up to them to reject this qualification. With a radical change" - popular daily "Troud" wrote in an OpEd.

English language site Novinite stressed the comparison of Ataka (Attack) party and the ethnic Turkish Movement for Rights and Freedoms. They are each other's "best enemies", according to the cable.

"Local analysts say Ataka and MRF need each other to frighten their constituents into voting." the cable says.

Currently, Ataka is the ruling centrist-right GERB's only parliamentary ally.

Dennis you always say that I have an obligation to show the world what is going on down here and it seems that we've done every thing but the world doesn't get it, so it might work if the world sees the US sentencing a child to life in prison, it might show the world how unfair and sham this process is, and if the world doesn't see all this, to what world am I being released to? A world of hate, unjust and discrimination! I really don't want to live in a life like this. - Omar Khadr in a letter to defense attorney Dennis Edney.

Omar Khadr was the first child soldier to be charged with a war crime since world war two. The non-existent crime that he was charged with, “murder in violation of the law of war” can be summed up as: It is legal for US soldiers to kill children. It is a war crime for children to kill US soldiers.

After eight years of delays while the US government searched for a possible crime and changed courts and judge, Omar found himself in front of a military tribunal with seven military officers who decided his fate ought to be another forty years of imprisonment. (For a sentence of ten years or more, six of the seven jurors had to agree.) Human Rights Watch said of the fifteen officers selected as potential jurors, All of the 15 indicated that Khadr's age held no significance for the case. ... An Air Force Captain said that in his opinion, a child would need to be as young as five or six to avoid adult courts if accused of a homicide.

The plea deal

A new batch of US State Embassy cables released specifically dealing with the US relationship with Pakistan draw attention to a number of Pakistani political issues, the military aid the US has been giving Pakistan, the deployment of US troops in Pakistan and the growing conflict between India and Pakistan, which the US appears to be gaming to advance its own foreign policy.

The release is the product of a partnership between the Dawn Media Group and WikiLeaks that began in the last week of April of this year. Around 4,000 cables are to be released over the next few weeks.

There are numerous ways to begin to examine the cables. This post covers the use of drone technology in Pakistan.

Kayani Asks US to Loan Pakistan Unmanned Air Vehicles (UAVs)

The cable getting attention is 08ISLAMABAD609 sent out by Anne W. Patterson on February 11, 2008. It details a meeting between Pakistan General Ashfaq Kayani, Chief of Army Staff, and US CENTCOM Commander and Admiral William J. Fallon on January 22. During the meeting, the two discuss expanding military assistance and training along with improving cooperation in Afghanistan.

Kayani asks Fallon to assist in providing “continuous Predator coverage of the conflict area.” Fallon is unable to offer the “assets to support his request” but offers Joint Tactical Aircraft Controller (JTAC) support for Pakistani aircraft. Kayani does not find this offer politically acceptable.

Photo credit: CBC

In the post 9/11 frenzy there was immense pressure brought by the US government on the Canadian government to ensure that terrorists were not crossing the world's longest border to attack the US. That pressure is clear in the US state cables, and it led to many highly questionable activities by the Canadian government, such as submitting names of their own citizens to the infamous US suspect lists, lists that Maher Arar is still on, even after being cleared of all wrongdoing and apologized to by Canada, as well as awarded 10.5 million dollars and one million in legal costs.

Canada was also under urgent pressure to seek out and prosecute any terrorists at home, which led to the tracking and capture of the Toronto 18 in 2006. Much about this case has been widely criticized over the years. The decision by the federal government to cancel the preliminary inquiry and proceed directly to trial, denying the defense the opportunity to hear the Crown's case, and, more importantly, the chance to cross examine the crown's star witnesses is one controversial element. A preliminary hearing is not a necessary component of a trial, but it is unusual to schedule one and cancel abruptly halfway through. Defense attorneys said they had made concessions to have the right to cross examine these witnesses and they were incensed at the change. And of course, the question rose, never to be put to rest, of what the federal government was afraid of in not allowing the preliminary cross examination.

"There would be virtually no political blowback domestically for the Conservative Party if the government chooses to pursue an appeal, making this a strong likelihood.”

The above statement from US State cable #09OTTAWA629 sums up the last decade of Omar Khadr’s life. The Canadian government, under the last three prime ministers, two Liberal and one Conservative, have done nothing about the plight of a tortured fifteen year old Canadian boy imprisoned with no trial in the world’s most notorious torture camps. They have contributed nothing to his education, nor to his emotional or psychological welfare. They have expressed no concern for his well being. They have not requested his repatriation, nor have they requested that the illegal and amoral conditions of his confinement be improved. (Read a summary of the conditions here.) US State cable 09STATE11937 describes a February 5, 2009 meeting between French Foreign Minister Bernard Kouchner and US Secretary of State Clinton, where the French Foreign Minister requested that the US review his case, but there is no similar suggestion from the country with a legal obligation to defend him.